Lalu Mahato v. State Of Jharkhand & Anr

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.303 of 2008 with

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.303 of 2008 with I.A. No.1562 of 2009 Lalu Mahato ..... Petitioner Versus

1. The State of Jharkhand

2. Shanti Devi . Opposite Parties CORAM: HONBLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Indrajit Sinha For the State : A. P.P.

----- 5/01.09.2015 Heard learned counsel for the petitioner and learned counsel for the State. Notice issued to the opposite party No.2 has returned unserved with the service report that the opposite party No.2 is dead.

2. Petitioner is aggrieved by order dated 20.9.2007 passed by learned Principal Judge, Family Court, Dhanbad, in M.P. Case No.150 of 2006, whereby on an application filed on behalf of the opposite party No.2, who was the wife of this petitioner, authorities of the BCCL, Jogidih Colliery, were directed to stop the payment of 1/3 rd of the gratuity amount of the petitioner, who was going to retire shortly, during the pendency of the said case.

3. The I.A. No.1562 of 2009 has been filed by the petitioner bringing on record the letter dated 3.4.2008 issued by the Project Officer, Jogidih Colliery, whereby 1/3 rd amount of gratuity of the petitioner was withheld.

4. Learned counsel for the petitioner has submitted that the impugned order passed by the Court below is absolutely illegal, in as much as, there is complete bar under the Payment of Gratuity Act, 1972, for attachment of the gratuity amount by any civil, revenue or criminal Court. Learned counsel accordingly, submitted that the impugned order cannot be sustained in the eyes of law.

5. Learned counsel for the State has opposed the prayer.

6. I find force in the submission of the learned counsel for the petitioner that there is complete bar for attachment of the gratuity amount under Section 13 of the Payment of Gratuity Act, 1972, which reads as follows:-

13. Protection of gratuity.- No gratuity payable under this Act and no gratuity payable to an employee employed in any establishment, factory, mine, oilfield, plantation, port, railway company or shop exempted under Section 5 shall be liable to attachment in execution of any decree or order of any civil, revenue or criminal Court.

7. In view of the statutory provision that the amount of gratuity cannot be attached, the impugned order dated 20.9.2007 passed by the learned Principal Judge, Family Court, Dhanbad, in M.P. Case No.150 of 2006, as also the letter dated 3.4.2008 issued by the Project Officer of Jogidih Colliery, informing the petitioner that his gratuity amount has been withheld in view of the order passed by the Family Court, are hereby, set-aside. The Competent Authority of BCCL shall release the withheld amount of gratuity of the petitioner.

8. This application is accordingly allowed with the directions as above. The I.A. No.1562 of 2009 also stands disposed of. (H. C. Mishra, J) R.Kumar